1986 JTR(SC) 427
1987 1 AICLR 559 ; 1987 AIR(SC) 740 ; 1987 CriLR 1 ; 1986 CriLR(Cal) 199 ; 1987 1 Crimes(SC) 100 ; 1986 JT 903 ; 1986 1 JT 903 ; 1986 Supp SCC 505 ; 1987 SCC(Cri) 156 ; 1987 1 SCR 173 ; 1987 KHC 1157
SUPREME COURT OF INDIA
P.N. Bhagwati, CJI., RANGANATH MISRA, J.
Criminal Appeals Nos. 563-64 of 1986. In Spl. Leave Petns. (Cri.) Nos. 3360, 3367 of 1985, D/-7-11-1986.
Rakesh Saxena, Appellant
Versus
State through C.B.I., Respondent.
Act
Referred
:CONSTITUTION OF INDIA : Art.136, Art.134
CRIMINAL PROCEDURE CODE : S.482
(A) The appeal is considered under the extraordinary jurisdiction conferred by Article 136 of the Constitution read with Article 134, while Section 482 of the Criminal Procedure Code is invoked to quash the proceedings. These provisions empower the higher judiciary to interfere at the stage of prosecution to prevent abuse of the process of the court, particularly when the offences are old, the accused is at the lowest rung of the hierarchy, and a protracted trial is unlikely to yield a conviction, thereby serving no useful purpose.
(B) Key principles include the exercise of discretion to quash based on the nature of the dispute, the antiquity of the alleged offences, the position and culpability of the accused, the likely duration and futility of the trial, and the availability of civil remedies for any legitimate claim by the institution.
Facts of the case:
The appellant, a trader at the lowest rung of the Foreign Exchange Division of a Bank, faces prosecution in relation to alleged offences committed more than six years ago. The trial is expected to last two or three years and is unlikely to result in conviction.
Findings of Court:
The court observed that no useful purpose would be served by allowing the prosecutions to continue and that the case involves complicated facts with a low probability of conviction given the time lag and the accused's position.
Issues:
Whether the proceedings should be quashed under Article 136/134 and Section 482 on the grounds of delay, futility, and the standing of the accused.
Ratio Decidendi:
When offences are old, the accused is minor in the hierarchy, and a trial is bound to be lengthy and futile, the court may quash the proceedings to prevent abuse of judicial process, while leaving civil remedies open.
Result:
The appeals are allowed and the charges against the appellant are quashed.
(A) The appeal is considered under the extraordinary jurisdiction conferred by Article 136 of the Constitution read with Article 134, while Section 482 of the Criminal Procedure Code is invoked to quash the proceedings. These provisions empower the higher judiciary to interfere at the stage of prosecution to prevent abuse of the process of the court, particularly when the offences are old, the accused is at the lowest rung of the hierarchy, and a protracted trial is unlikely to yield a conviction, thereby serving no useful purpose.
(B) Key principles include the exercise of discretion to quash based on the nature of the dispute, the antiquity of the alleged offences, the position and culpability of the accused, the likely duration and futility of the trial, and the availability of civil remedies for any legitimate claim by the institution.
Facts of the case:
The appellant, a trader at the lowest rung of the Foreign Exchange Division of a Bank, faces prosecution in relation to alleged offences committed more than six years ago. The trial is expected to last two or three years and is unlikely to result in conviction.
Findings of Court:
The court observed that no useful purpose would be served by allowing the prosecutions to continue and that the case involves complicated facts with a low probability of conviction given the time lag and the accused's position.
Issues:
Whether the proceedings should be quashed under Article 136/134 and Section 482 on the grounds of delay, futility, and the standing of the accused.
Ratio Decidendi:
When offences are old, the accused is minor in the hierarchy, and a trial is bound to be lengthy and futile, the court may quash the proceedings to prevent abuse of judicial process, while leaving civil remedies open.
Result:
The appeals are allowed and the charges against the appellant are quashed.
DALVIR BHANDARI, M.R.SHARMA
Judgment
MISRA, J.:- Special leave granted.
2. We have carefully considered the various aspects of the case and we are of the view that having regard to the nature of the dispute and the fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the lowest rung of the hierarchy in the Foreign Exchange Division of the Bank and not a highly placed officer and the trial is bound to occupy the time of the court of first instance for not less than two or three years in view of the complicated nature of the case and even then, it is extremely doubtful whether it will at all result in conviction, no useful purpose will be served by allowing the prosecutions to continue. Hence, we allow the appeals and quash the charges against the appellant. We may, however, make it clear that if the Bank has any legitimate claim against the appellant, it will be open to the Bank to pursue any civil remedies which may be available to it.
Appeal allowed.